Iowa Admin. Code r. 567-71.2 - Delegated state floodplain permitting by local communities
Upon submission to the department for review and approval, a local unit of government may establish encroachment limits, floodplain regulations, and zoning ordinances, subject to the following:
(1) Written approval from the department must
be obtained before effective adoption or amendment of a local regulation that
would control development in a floodplain or floodway for purposes related to
flood protection. A local government may appeal the refusal of the department
to approve a proposed regulation by notifying the department and requesting
that the proposed local regulation be considered at the next meeting of the
commission.
(2) Prior to receiving
approval, a community shall demonstrate capacity to properly review
applications and issue floodplain permits.
(3) Approved communities shall provide
evidence to the department of this capacity at least every five years.
Additionally, the department may, from time to time, take action to ascertain
the effectiveness of department-approved, locally adopted floodplain management
regulations. Upon a finding that the local government has been negligent in
administering the approved regulations, the department may revoke approval of
same. Floodplain works found to be in violation of department-approved, locally
adopted floodplain management regulations may be handled under the provisions
of the department's rules for investigation of unauthorized projects.
(4) Where it is unclear whether the works are
adequately covered by such local regulations, the department shall make the
determination.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
Approval by the department for the construction, operation, and maintenance of channel changes shall be required in the following instances.
(1) Rural areas. In rural areas:
a. Channel changes not otherwise associated with road projects in or on the floodway of any stream draining more than 10 square miles at the location of the channel change.
b. Channel changes associated with road projects in or on the floodway of any stream draining more than 10 square miles at the location of the channel change whereby either (i) more than a 500-foot length of the existing channel is being altered or (ii) the length of existing channel being altered is reduced by more than 25 percent.
(2) Urban areas. In urban areas channel changes on any river or stream draining more than 2 square miles at the location of the channel change.
(3) Protected streams. Channel changes at any location on any river or stream designated as a protected stream pursuant to division III of 567-Chapter 72.
(4) Channel change by drainage district. Rule 72.2(455B) applies to channel changes sponsored by a drainage district. However, approval is not required for repair and maintenance of a drainage district ditch as defined in 70.2(455B) if the drainage area of the ditch at the location of the proposed work is less than 100 square miles.
This rule is intended to implement Iowa Code section 455B.275.